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2025 DAILYLAW 28712 (AP)

GOLI HAREESH KUMAR v. THE STATE OF AP

WP/21135/2025 · 2025-08-11

Venkata Jyothirmai Pratapa

body2025

Judgment text

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APHC010409442025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) r.vjCiT —^ m y'.S lio W f \v TUESDAY,THE TWELFTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 21135 OF 2025 o ■c ■'.A :A/ Between: Goh Hareesh Kumar. S/o. (late) Krishna Rao, Aged 45 years, resident of D. No. 11-6-22/1, Opp Raja Rajeswary Theatre, Jangareddigudem Town Mandal, Eluru District (Ernst West Godavari District). and ...PETITIONER AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary Department, Secretariat Building, Velagapudi, Guntur District. 2. The Station House Officer, Jangareddigudem Jangareddigudem, Eluru District (Ernst West Godavari District). 3. The Inspector of Police, Jangareddigudem Eluru District (Ernst West Godavari District). 4. The Sub-Divisional Police Officer, Jangareddigudem, Eluru District (Ernst West Godavari District), 5. The Superintendent of Police, Eluru District. Eluru (Ernst West Godavari District). 6. Goli Gowry Sankar, S/o. (late) Venkata Swamy, Aged about 58 Business, D. No. 3-13-144, Chanikyapuri Colony, Mallapur Malkajgiri District, Hyderabad - 500076. Home Police Station, years. Medchal, 7. Chitha Satyanarayana, S/o. Not Known, Aged about 65 No.405, 500076. 8. Chitha Vijaya Lakshmi, , W/o. Satyanarayana, Aged about 58 years. Plot No.405, CMR Residency, PVN Colony, Malkajgiri, Hyderabad - 500076. 9. Chintha Kalyana Chakravarthy, S/o. Satyanarayana, Aged about Plot No.405, CMR Residency, PVN Colony, Malkajgiri, Hyderabad - 500076. 10. Chintha Lakshmi Prasanna, W/o. Kalyana Chakravarthy, Aged about CMR Residency, PVN Colony, Malkajgiri, years. Plot Hyderabad - CMR Residency, PVN Colony, Malkajgiri 38 years. 36 years. Plot No.405, Hyderabad - 500076. 11. Goli Rupa Sree, D/o. Chintha Satyanarayana, Aged about 40 years. Plot No.305, CMR Residency, PVN Colony, Malkajgiri 500076. Hyderabad - 12. Malireddy Satyanarayana, S/o. Papi Raju PlotNo.405, CMR Residency, PVN Colony, Malkajgiri, 500076. 13. Vangalapudi Usha Sree, W/o. Chitti Babu CMR Residency, PVN Colony, Malkajgiri, Aged about 60 years, Hyderabad - Aged about 44 years. Plot Hyderabad - No.405, 500076. 14. Vijay Kumar, (friend of Chintha Satyanarayana) aged about 66 years, r Malkajgiri, Hyderabad - 500076. S/o. Not Known Plot No.403, CMR Residency, PVN Colony ...RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, pleased to issue a Writ, Order the High Court may be or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of the 2'^'^ not file Charge Sheet against Crime No.299 of 2024, respondent in did dated 28-06-2024 under I./ i Sections 323. 386, 307. enquiry 447, 506(2) R/w. 34 iPC, as bad illegal, arbitrary opposed Suraksha Sanhitha) and also vi 156(3) Cr.P.C., and not to law of BNSS (Bharatiya Nagarik violation of articles 14, Constitution of India. Consequently direct the sheet against the crime No. 299 19, and 21 of the respondent No 2 to file charge of 2024. lA NO: 1 OF 2091; ■ .heTf^rr" <=-cumsfances stated ,n affidavit filed ,n support of the petition, the High Court direct the 2“ respondent to conduct i 299/2024, dated 28-06-2024. may be pleased to investigation against the Crime No. Counsel for the Petitioner; SRI GANDHAM Counsel for the Respondent Nos.1 S.R. PRASAD to 5: GP FOR HOME Counsel for the Respondent Nos.6 to 14; The Court made the following order; APHC010409442025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) ■ LI [3396] ■■ TUESDAY, THE TWELFTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 21135/2025 Between: 1.GOLI HAREESH KUMAR, S/O. (LATE) KRISHNA RAO, AGED 45 YEARS, RESIDENT OF D. NO. 11-6-22/1, OPP RAJA RAJESWARY THEATRE, JANGAREDDIGUDEM TOWN AND MANDAL, ELURU DISTRICT (ERNST WEST GODAVARI DISTRICT). ...PETITIONER AND 1. THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY, HOME DEPARTMENT, SECRETARIAT BUILDING, VELAGAPUDI GUNTUR DISTRICT. 2. THE STATION HOUSE OFFICER, JANGAREDDIGUDEM POLICE STATION, JANGAREDDIGUDEM, ELURU DISTRICT (ERNST WEST GODAVARI DISTRICT). 3. THE INSPECTOR OF POLICE, JANGAREDDIGUDEM ELURU DISTRICT (ERNST WEST GODAVARI DISTRICT). 4. THE SUBDIVISIONAL POLICE OFFICER, JANGAREDDIGUDEM, ELURU DISTRICT (ERNST WEST GODAVARI DISTRICT), 5. THE SUPERINTENDANT OF POLICE, ELURU DISTRICT, ELURU (ERNST WEST GODAVARI DISTRICT). 6. GOLI GOWRY SANKAR, S/O. (LATE) VENKATA SWAMY, AGED ABOUT 58 YEARS. BUSINESS, D. NO. 3-13-144, CHANIKYAPURI COLONY, MALLAPUR, MEDCHAL, MALKAJGIRI DISTRICT HYDERABAD - 500076. 7. CHITHA SATYANARAYANA, S/O. NOT KNOWN, AGED ABOUT 65 YEARS, PLOT NO.405, CMR RESIDENCY, PVN COLONY MALKAJGIRI, HYDERABAD - 500076. 8. S CHITHAVIJAYA LAKSHMI, , W/0. SATYANARAYANA, ABOUT 58 YEARS. PLOT COLONY, MALKAJGIRI, HYDERABAD - 500076. 9. CHINTHA KALYANA CHAKRAVARTHY, S/O. SATYANARAYANA, AGED ABOUT 38 YEARS. PLOT NO.405, CMR RESIDENCY PVN COLONY, MALKAJGIRI, HYDERABAD - 500076. 10.CHINTHA LAKSHMI PRASANNA, CHAKRAVARTHY, AGED ABOUT 36 YEARS. PLOT NO.405, CMR RESIDENCY, PVN COLONY, MALKAJGIRI, HYDERABAD - 500076. 11.GOLI RUPA SREE, D/O. CHINTHA SATYANARAYANA, AGED ABOUT 40 YEARS. PLOT NO.385-'CMR RESIDENCY PVN AGED NO.405, CMR RESIDENCY, PVN W/0. KALYANA 2 COLONY, MALKAJGIRI, HYDERABAD - 500076 12.MALIREDDY SATYANARAYANA. , S/0. PAPI RAJU AGED ABOUT years, plotno.405, cmr RESIDENCY pOfColony MALKAJGIRI, HYDERABAD - 500076. 13.VANGALAPUDI USHA SREE, W/0. CHITTI BABU YEARS, PLOTNO..405, CMR RESIDENCY MALKAJGIRI, HYDERABAD - 500076 SATYANARAYANA), S/0. NOT KNOWN, AGED ABOUT 66 YEARS. PLOT NO 403 CMR RESIDENCY, PVN COLONY, MALKAJGIRI,HYDERABAD - 500076 Counsel for the Petitioner: ...RESPONDENT(S): 1.GANDHAM SR PRASAD Counsel for the Respondent(S): 1.GP FOR HOME The Court made the following: ORDER: AGED ABOUT 44 PVN COLONY, This Writ Petition is filed under Article 226 of Constitution the following prayer for: of India with n 'p d/rect/on more particularly one in the nature of WRIT OF MANDAMUS declaring the action of the 2ND respondent in did not file Charge Sheet against Crime No. 299 of 2024 dated 28.06.2024 under Sections 323 386 307 447 5062 R/w 34 IRC 1563 Or P C and not enquiry as bad Illegal arbitrary opposed to law df BNSS Bharatiya Naqarik Suraksha Sanhitha and also violation of articles 14 19 and 21 of the Constitution of India Consequently direct the respondent No. 2 to file charqe sheet against the crime No. 299 of 2024” ^ 2. Heard learned counsel for the petitioner and the learned Assistant Government Pleader for Home. Learned counsel for the petitioner would submit that 3. a direction may be given to the respondent/police to conclude the investigation in Crime No.299 of 2024 and file a final report. 4. Learned Assistant Government Pleader for Home Court may pass appropriate orders. would submit that the 5. Considering the submissions made, the Writ Petition is disposed of. However, Police are directed to conclude the investigation in the above crime and file a report in accordance with law, as expeditiously as possible. There shall be no order as to costs. As a sequel thereto, miscellaneous petitions, if any, pending shall stand closed. Sd/- N. NAGAMMA ASSISTANT REGISTRAR / / //TRUE COPY// ^^Tofficer SEC To, Department, State of Andhra Pradesh, 1. The Principal Secretary, Home Secretariat Building, Velagapudi, Guntur District. Police Station Officer, Jangareddigudem 2. The Station House Jangareddigudem 3. The Inspector of Police, Godavari District). Sub-Divisional Police Officer. Jangareddigudem, Eluru District Eluru District (Ernst West Godavari District). Jangareddigudem, Eluru District (Ernst West 4. The (Ernst West Godavari District), 5. The Superintendant of Police, Eluru District, Eluru (Ernst West Godavari District). 6. One CC to Sri Gandham S.R. Prasad Advocate [OPUC] GP for Home, High Court of Andhra Pradesh [OUT] 7. Two CCs to 8. Two CD Copies. ssb HIGH COURT DATED;12/08/2025 ORDER WP No.21135 OF 2025 2^ AUG 2025 S Currenl section IpESPATCVSl^ VO % DISPOSING OF THE W.P. WITHOUT COSTS